Article H
The Treaty establishing the European Coal and Steel Community shall be amended in accordance with the provisions of this Article.
1) Article 7 shall be replaced by the following:
‘Article 7
The institutions of the Community shall be:
- a HIGH AUTHORITY (hereinafter referred to as “the Commission”);
- a COMMON ASSEMBLY (hereinafter referred to as “the European Parliament”);
- a SPECIAL COUNCIL OF MINISTERS (hereinafter referred to as “the Council”);
- a COURT OF JUSTICE;
- a COURT OF AUDITORS.
The Commission shall be assisted by a Consultative Committee.’
2) The following Articles shall be inserted:
‘Article 9
1. The Commission shall consist of seventeen members, who shall be chosen on the grounds of their general competence and whose independence is beyond doubt.
The number of members of the Commission may be altered by the Council, acting unanimously.
Only nationals of the Member States may be members of the Commission.
The Commission must include at least one national of each of the Member States, but may not include more than two members having the nationality of the same State.
2. The members of the Commission shall, in the general interest of the Community, be completely independent in the performance of their duties.
In the performance of these duties, they shall neither seek nor take instructions from any government or from any other body. They shall refrain from any action incompatible with their duties. Each Member State undertakes to respect this principle and not to seek to influence the members of the Commission in the performance of their tasks.
The members of the Commission may not, during their term of office, engage in any other occupation, whether gainful or not. When entering upon their duties they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits. In the event of any breach of these obligations, the Court of Justice may, on application by the Council or the Commission, rule that the member concerned be, according to the circumstances, either compulsorily retired in accordance with Article 12a or deprived of his right to a pension or other benefits in its stead.
Article 10
1. The members of the Commission shall be appointed, in accordance with the procedure referred to in paragraph 2, for a period of five years, subject, if need be, to Article 24.
Their term of office shall be renewable.
2. The governments of the Member States shall nominate by common accord, after consulting the European Parliament, the person they intend to appoint as President of the Commission.
The governments of the Member States shall, in consultation with the nominee for President, nominate the other persons whom they intend to appoint as members of the Commission.
The President and the other members of the Commission thus nominated shall be subject as a body to a vote of approval by the European Parliament. After approval by the European Parliament, the President and the other members of the Commission shall be appointed by common accord of the governments of the Member States.
3. Paragraphs 1 and 2 shall be applied for the first time to the President and the other members of the Commission whose term of office begins on 7 January 1995.
The President and the other members of the Commission whose term of office begins on 7 January 1993 shall be appointed by common accord of the governments of the Member States. Their term of office shall expire on 6 January 1995.
Article 11
The Commission may appoint a Vice-President or two Vice-Presidents from among its members.
Article 12
Apart from normal replacement, or death, the duties of a member of the Commission shall end when he resigns or is compulsorily retired.
The vacancy thus caused shall be filled for the remainder of the member's term of office by a new member appointed by common accord of the governments of the Member States. The Council may, acting unanimously, decide that such a vacancy need not be filled.
In the event of resignation, compulsory retirement or death, the President shall be replaced for the remainder of his term of office. The procedure laid down in Article 10(2) shall be applicable for the replacement of the President.
Save in the case of compulsory retirement under Article 12a, members of the Commission shall remain in office until they have been replaced.